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Lambert v. Jones

United States District Court, Eastern District of Kentucky, Northern Division, Ashland

May 15, 2015

GRANT LAMBERT PETITIONER
v.
SHANNON JONES, CHAIRPERSON KENTUCKY PAROLE BOARD RESPONDENT

ORDER

WILLIAM O. BERTELSMAN UNITED STATES DISTRICT JUDGE

This matter is before the Court on the Report and Recommendation (Doc. 14) of the Magistrate Judge, and petitioner having filed no objections thereto, and the Court being sufficiently advised, IT IS ORDERED that the Report and Recommendation be, and it hereby is, adopted as the findings of fact and conclusions of law of this Court; that the respondent’s motion to dismiss or alternatively motion for extension of time to file answer (Doc. 10, 11) be, and hereby are, granted; that the petitioner’s petition for writ of habeas corpus be, and it hereby is, dismissed without prejudice as duplicative of his already pending § 2254 Petition in case number 0:14-cv-165-DCR-REW (E.D.Ky. 2014); that this matter be dismissed, without prejudice, and stricken from the docket of this court. No certificate of appealability shall issue herein. A separate Judgment shall enter concurrently herewith.


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